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Weekly Rulemaking Notices Contact Us Find It

September 4, 2002
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.08(B)(3)(a), Double Tagging in Zone G
PROPOSED RULE NUMBER: 2002-P223
CONCISE SUMMARY: The Commissioner proposes a double lobster trap tagging provision for non-Zone G lobstermen who fish in Zone G in order to increase the Marine Patrol's ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules of Zone G.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A
PUBLIC HEARING: Thursday, September 26, 2002, 7:00 p.m., Scarborough Middle School Cafeteria, 44 Gorham Road, Scarborough (Route 1 to Route 114 - 1/4 mile on 114 take 1st left after High School athletic field and tennis courts just before Public Library, school is located behind library, cafeteria at far left end of building)
DEADLINE FOR COMMENTS: Monday, October 7, 2002
AGENCY CONTACT PERSON: Lt. David Mercier
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9595
TTY: (207) 287-4474 (Deaf/Hard of Hearing).
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 34.10(l)(C)(4), Maine Groundfish Spawning Closure
Ch. 34.10(1)(B)(4)(a), Summer Flounder effort restrictions - technical correction
PROPOSED RULE NUMBER: 2002-P224
CONCISE SUMMARY: The proposed regulations would reestablish the closure during the months of April, May and June west of a line drawn 180 degrees Magnetic from West Quoddy Head in Lubec to the Canadian International border to protect spawning groundfish that was sunset effective July 1, 2002. The closure would affect all commercial ground fishermen who fish in Maine's territorial waters. The closure does not apply to recreational fishing of groundfish from shore, wharves, attached floats or to recreational fishing as allowed under the provisions of Ch. 34.10(1)(B)(2). This measure is considered necessary to protect Maine's groundfish stocks and is a necessary component of Maine's support of the Court ordered remedy entered by the United States District Court for the District of Columbia on April 26, 2002, in connection with the lawsuit filed in Conservation Law Foundation v. Evans. This rulemaking also includes a technical correction to clarify that Ch. 34.10(1)(B)(4)(a) sub section (i) pertaining to summer flounder applies to commercial fishing and sub section (ii) pertains to recreational fishing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, October 4, 2002
AGENCY CONTACT PERSON: Lewis N. Flagg. Mail written comments to: attn: Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04676-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 3, Foreign Fish Processing within the State of Maine's Internal Waters
PROPOSED RULE NUMBER: 2002-P225
CONCISE SUMMARY: The owner or operator of 6 foreign fish processing vessel must obtain approval by the Governor to engage in fish processing in Maine's internal waters in accordance with Section 306(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1865) and Department regulations Ch. 3. The proposed updates to the regulations would provide consistency with Addendum II to Amendment 1 to the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for Atlantic Sea Herring, approved on February 28, 2002. Permit evaluation requirements not previously in the Department's regulations include impacts to a specified area total allowable catch and whether other permits or laws have been met. The amendments would also be updated to clarify the recommendation process to the Governor.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, October 4, 2002
AGENCY CONTACT PERSON: Lewis Flagg
AGENCY NAME: Department of Marine Resources, Regulations
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04576-0008
TELEPHONE: (207) 624-6560
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.06, Noncommercial Daily and Possession Limits
PROPOSED RULE NUMBER: 2002-P226
CONCISE SUMMARY: The Department of Marine Resources proposes to limit the possession of eels greater than six inches to 50 for personal or recreational use to bring the State of Maine into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6505-C
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, October 4, 2002
AGENCY CONTACT PERSON: Gail Wippelhauser
WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6349
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.95(l)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 2002-P227
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2002 - 2003 open lobster fishing season, will begin December 1, 2002 and end May 29, 2003. This regulation conforms to 12 MRSA 6472.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6472
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, October 4, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9684


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #10-02
PROPOSED RULE NUMBER: 2002-P228
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY. 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m. Monday, September 23, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 23, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations. Amendments to sections: 2.10(3)(1), Application Requirements, Required Elements; 2.31(4), Evidence, Objections; 2.37(l)(A)(1), (2) & (3), Decision, Standards; 2.37(l)(2), Conditions; 2.37(l)(2)(A), Conditions
ADOPTED RULE NUMBER: 2002-324
CONCISE SUMMARY: The Department received a certified petition from the Conservation Law Foundation requesting rulemaking on Ch. 2, Aquaculture Lease Regulations. Three sections of Ch. 2 regulations have been amended: Clarification for applications to assume riparian ownership to mean low water and that State property tax records must be used if municipal tax records do not apply such as for Unorganized territory in 2.10(3)(1); a spelling correction in section 2.31(4); under 2.37 expansion of the terms navigation and fishing used in the decision criteria are prefaced by "commercial and recreational" and other uses amended to reference "water-related" uses; lease conditions have been amended to include issuance of the DEP's issuance of their Maine National Pollution Discharge Elimination System permit; and standards for conditions restrictions expanded to include stocking limits, feeding requirements and husbandry techniques. The amended regulations are adopted in accordance with 5 MRSA 8055.

CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(c), Zone C Eastern Line - Clerical Correction
ADOPTED RULE NUMBER: 2002-325
CONCISE SUMMARY: In a recent rulemaking the previous version of the eastern line of Zone C was inadvertently included with the text of the newly adopted western boundary of Zone C. This adopted amendment corrects the eastern boundary definition that originally became effective on May 23, 2001.

CHAPTER NUMBER AND TITLE: Ch. 25.96, Lobster Apprentice Program - Zone C, Apprentice and Sponsor Requirements
ADOPTED RULE NUMBER: 2002-326
CONCISE SUMMARY: The Commissioner of Marine Resources has adopted regulations under Ch. 25.96 based on a referendum response by Zone C members and a unanimous recommendation of the Zone C Council members to the Commissioner as contemplated by 12 MRSA 6447(5-A). These regulations establish two new requirements in Zone C. Apprentices who wish to enter Zone C must complete their apprenticeship in that zone, and sponsors of Zone C apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years.

EFFECTIVE DATE: August 26, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04676-0008
TELEPHONE: (207) 633-9584


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10.14,C, Planned Development Subdistrict Standards
ADOPTED RULE NUMBER: 2002-328
CONCISE SUMMARY: These changes are necessary to facilitate use of the Commission's Planned Development Subdistrict (D-PD). The description of the D-PD is proposed for amendment to allow for consideration of projects that don't meet the current size thresholds for D-PD zones but otherwise are appropriate for such consideration. The D-PD procedural criteria were also amended to be consistent with other boundary change rules, and the limitation on a six-month extension for filing of the final development plan was eliminated.
EFFECTIVE DATE: August 29, 2002
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: (207) 287-4932


AGENCY: 02-318 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Electricians' Examining Board
RULE TITLE OR SUBJECT: Repeal and Replace Ch. 120, Electrical Installation Standards
ADOPTED RULE NUMBER: 2002-329
CONCISE SUMMARY: The rule adopts the 2002 edition of the National Electrical Code for electrical installations with the following exceptions:
* The Board will not adopt Article 80, Administration and Enforcement;
* The Board adopts Article 210.12(B) with an amendment to exclude the dedicated circuit supplying only smoke detectors; and
* The Board will not adopt Article 334.12(A)(1), Uses Not Permitted.
EFFECTIVE DATE: August 28, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (formerly known as Maine Medical Assistance Manual): Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2002-330
CONCISE SUMMARY: Changes include: updates in terminology; defines bonuses and other types of incentive payments; defines lease payments; incorporates language concerning the Return on Net Assets for Non-Profit Providers; allows facilities that incur allowable routine costs less than their prospective rate to retain savings; adjusts occupancy limits; adjustments to fixed costs are allowable for subsequent quarters with proper documentation; changes the inflation methodology; eliminates the language for supplemental payments; deletes the words: "on an annual basis" from Section 91 - a change which is currently in effect on an emergency basis.
EFFECTIVE DATE: September 1, 2002
AGENCY CONTACT PERSON: Debra Couture
AGENCY NAME: Division of Financial Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY: (207) 287-1828 or 1-800-423-4331


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #09-02
ADOPTED RULE NUMBER: 2002-331
CONCISE SUMMARY: Minimum September, 2002 Class I price is $13.71 plus $.15/cwt. Producer Cost of Production and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.66. Class II minimums set at $11.29 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: September 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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